DUI Arrests & Procedures

Wet Reckless

The Law

Unlike DUI, you cannot be arrested or charged with a Wet Reckless in California. It is a misdemeanor offense and is a lesser-included offense of DUI. You can only be convicted of a Wet Reckless as a plea-bargained agreement with the prosecutor. California Vehicle Code section 23103(a) per 23103.5 states:

If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.

What does this actually mean?

You cannot be arrested for a Wet Reckless. A prosecutor must offer you a Wet Reckless as a result of a plea bargain. A prosecutor may offer a Wet Reckless only in certain circumstances, such as a BAC at or near .08%, problems of proof in the case, etc. As a result, you should hire a Firm that Specializes in DUI Defense to ensure your case is not only handled appropriately, but also to ensure it is presented to the prosecutor in a compelling manner.

Advantages of a Wet Reckless

It is important to have a DUI Specialist Firm evaluate the circumstances of your case to determine whether a Wet Reckless is a good offer. But, there are many benefits of a Wet Reckless compared to a DUI conviction. For example, some of the benefits include:

DUI Arrests & Procedures

The Law

Unlike DUI, you cannot be arrested or charged with a Wet Reckless in California. It is a misdemeanor offense and is a lesser-included offense of DUI. You can only be convicted of a Wet Reckless as a plea-bargained agreement with the prosecutor. California Vehicle Code section 23103(a) per 23103.5 states:

If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.

What does this actually mean?

You cannot be arrested for a Wet Reckless. A prosecutor must offer you a Wet Reckless as a result of a plea bargain. A prosecutor may offer a Wet Reckless only in certain circumstances, such as a BAC at or near .08%, problems of proof in the case, etc. As a result, you should hire a Firm that Specializes in DUI Defense to ensure your case is not only handled appropriately, but also to ensure it is presented to the prosecutor in a compelling manner.

Advantages of a Wet Reckless

It is important to have a DUI Specialist Firm evaluate the circumstances of your case to determine whether a Wet Reckless is a good offer. But, there are many benefits of a Wet Reckless compared to a DUI conviction. For example, some of the benefits include: